PRINTER'S NO. 1686
No. 1432 Session of 1999
INTRODUCED BY MARKOSEK, NICKOL, YOUNGBLOOD AND GEORGE,
MAY 4, 1999
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MAY 4, 1999
AN ACT
1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2 Statutes, further providing, in weights and measures, for
3 general powers and duties, for investigations, for orders,
4 for specific powers and duties, for local administration, for
5 concurrent jurisdiction, for division of responsibilities,
6 for enforcement and regulations, for offenses and penalties,
7 for injunctions, and for disposition of funds.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 4109, 4116, 4118(a) and (c), 4121(a),
11 4122(b), 4124, 4125, 4150(a), 4176, 4179, 4183, 4191(b), 4192
12 and 4193(a) and (b) of Title 3 of the Pennsylvania Consolidated
13 Statutes are amended to read:
14 § 4109. General powers and duties [of department].
15 (a) Standards and records.--The State Metrology Laboratory
16 shall have the custody of the State standards of weight and
17 measure and of the other standards and equipment provided for by
18 this chapter and shall keep accurate records of the same.
19 (b) Attorney General.--The [department] Attorney General
20 shall enforce the provisions of this subchapter [and].
1 (c) Department.--The department shall keep a general
2 supervision over the weights and measures offered for sale, sold
3 or in use in this Commonwealth.
4 § 4116. Investigations.
5 The department shall investigate complaints made to it
6 concerning violations of the provisions of this subchapter and
7 shall, upon its own initiative, conduct such investigations as
8 it deems appropriate and advisable to develop information on
9 prevailing procedures in commercial quantity determination and
10 on possible violations of the provisions of this subchapter and
11 to promote the general objective of accuracy in the
12 determination and representation of quantity in commercial
13 transactions. The department shall notify the Attorney General
14 of the results of complaint investigations.
15 § 4118. Stop-use, stop-removal and removal orders.
16 (a) Orders.--The [department] Attorney General shall have
17 the power to issue stop-use orders, stop-removal orders and
18 removal orders with respect to weights and measures being
19 commercially used and to issue stop-removal orders and removal
20 orders with respect to packages or amounts of commodities kept,
21 offered or exposed for sale, sold or in the process of delivery,
22 whenever, in the course of the [department's] Attorney General's
23 enforcement of the provisions of this subchapter, the
24 [department] Attorney General deems it necessary or expedient to
25 issue such orders.
26 * * *
27 (c) Appeal.--Whenever an aggrieved person shall appeal or
28 seek to enjoin enforcement of any order issued by the
29 [department] Attorney General pursuant to this section, such
30 proceeding shall be brought in the court of common pleas of the
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1 judicial district in which the weight, measure or commodity was
2 located at the time of the issuance of the [department's] order.
3 § 4121. Powers and duties of director and inspector.
4 (a) Powers and duties.--The powers and duties given to and
5 imposed upon the department by sections 4111 (relating to
6 testing and inspections of standards), 4112 (relating to general
7 testing and inspections), 4115 (relating to training program),
8 4116 (relating to investigations), 4117 (relating to inspection
9 of packages), [4118 (relating to stop-use, stop-removal and
10 removal orders),] 4119 (relating to disposition of correct and
11 incorrect apparatus)[,] and 4120 (relating to police powers;
12 right of entry and stoppage)[, 4124 (relating to concurrent
13 jurisdiction) and 4192 (relating to temporary or permanent
14 injunctions)] are hereby given to and imposed upon the director
15 and inspector also when acting under the instructions and at the
16 direction of the department.
17 * * *
18 § 4122. City and county sealers and deputy sealers of weights
19 and measures; appointment, powers and duties.
20 * * *
21 (b) Powers and duties.--The sealer of a city or of a county
22 and his deputy sealers, when acting under his instructions and
23 at his direction, shall, but only to the extent delegated by the
24 department pursuant to section [4121] 4121(b) (relating to
25 powers and duties of director and inspector) and memorialized in
26 a memorandum of understanding executed pursuant to section 4125
27 (relating to division of responsibilities), have the same powers
28 and shall perform the same duties within the city or the county
29 for which appointed as are granted to and imposed upon the
30 director by sections 4112 (relating to general testing and
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1 inspections), 4116 (relating to investigations), 4117 (relating
2 to inspection of packages), 4118 (relating to stop-use, stop-
3 removal and removal orders), 4119 (relating to disposition of
4 correct and incorrect apparatus), 4120 (relating to police
5 powers; right of entry and stoppage) and 4192 (relating to
6 temporary or permanent injunctions).
7 § 4124. Concurrent jurisdiction.
8 In cities and counties to which a delegation of powers and
9 duties has been effected pursuant to section 4121 (relating to
10 powers and duties of director and inspector), the [department]
11 Attorney General shall have concurrent authority to enforce the
12 provisions of this chapter.
13 § 4125. Division of responsibilities.
14 (a) Agreements; local inspection.--The Attorney General and
15 the department shall enter into memorandums of understanding
16 with counties and with cities to which a delegation of powers
17 and duties has been effected pursuant to section 4121 (relating
18 to powers and duties of director and inspector) for a division
19 of inspection responsibilities for the enforcement of this
20 chapter and any rules, regulations and standards promulgated
21 under this chapter, provided that such counties or cities
22 satisfy the standards and requirements established by the
23 [department] Attorney General to assure uniform Statewide
24 enforcement of this chapter. Each memorandum of understanding
25 shall be reviewed and updated annually and may be revoked in
26 whole or in part by the Attorney General and the department in
27 the event the Attorney General or the department determines that
28 the city or county sealer enforcement program does not satisfy
29 the standards and requirements established by the Attorney
30 General and the department as necessary to assure uniform
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1 Statewide enforcement of this chapter. In reaching agreements to
2 enter into memorandums of understanding with counties and cities
3 employing sealers of weights and measures, the provisions of
4 this chapter and its regulations shall be considered as
5 establishing uniform requirements, regulations and standards for
6 weights and measures and weighing and measuring devices
7 throughout this Commonwealth.
8 (b) Reports.--Each city and county sealer shall annually and
9 at such other times as the Attorney General and the department
10 may require submit to the Attorney General and the department a
11 written report of the work performed by him, of the weights,
12 measures and weighing and measuring devices inspected or tested
13 by him and the results of such inspection or test, of all
14 prosecutions instituted by him for violations of the provisions
15 of this chapter and of all other matters and things pertaining
16 to his duties or which may be required by the department.
17 § 4150. Enforcement and regulations.
18 (a) General rule.--The [director] Attorney General is
19 authorized and directed to enforce the provisions of this
20 subchapter [and]. The director is authorized and directed to
21 adopt, with the approval of the department, such rules and
22 regulations as are deemed necessary to carry out the provisions
23 of this subchapter.
24 * * *
25 § 4176. Rules and regulations.
26 Rules and regulations for the carrying out [and enforcement]
27 of the provisions of this subchapter, not inconsistent with the
28 provisions thereof, shall be adopted by the department, which
29 rules and regulations shall include reasonable variations or
30 tolerances which may be allowed on weights and measures and
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1 weighing and measuring devices included within the provisions of
2 this subchapter, and also specifications for such weights and
3 measures and weighing and measuring devices for the guidance of
4 manufacturers in the design and construction of such weights and
5 measures and weighing and measuring devices.
6 § 4179. Enforcement.
7 It shall be the duty of the bureau and the sealers of weights
8 and measures of the several counties and cities who shall find
9 satisfactory evidence of any violation of the provisions of this
10 subchapter to [cause] request the Attorney General to institute
11 appropriate proceedings [to be commenced and prosecuted, without
12 delay,] for the enforcement of the penalties as provided for in
13 this chapter.
14 § 4183. Enforcement of chapter[, rules and regulations].
15 [(a) Duties.--]It shall be the duty of the [department and
16 the sealers of weights and measures] Attorney General and the
17 district attorneys of the several counties and cities to enforce
18 the provisions of this subchapter.
19 [(b) Regulations.--The department shall have power to adopt
20 and promulgate such rules and regulations not inconsistent with
21 the provisions of this subchapter as may be deemed necessary to
22 carry into effect the intent and purpose of this subchapter.]
23 § 4191. Offenses and penalties.
24 * * *
25 (b) Civil penalties.--In addition to proceeding under any
26 other remedy available at law or in equity for a violation of a
27 provision of this chapter or a rule or regulation adopted or any
28 order issued under this chapter, the [department] Attorney
29 General may assess a civil penalty not to exceed $10,000 upon an
30 individual or business for each offense. No civil penalty shall
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1 be assessed unless the person charged has been given notice and
2 opportunity for a hearing in accordance with law. In determining
3 the amount of the civil penalty, the [department] Attorney
4 General shall consider the gravity of the violation. Whenever
5 the [department] Attorney General finds a violation which did
6 not cause harm to the public interest, the [department] Attorney
7 General may issue a warning in lieu of assessing a penalty. [In
8 case of inability to collect the civil penalty or failure of any
9 person to pay all or any portion of the penalty as the
10 department may determine, the department may refer the matter to
11 the Attorney General, who shall recover the amount by action in
12 the appropriate court.]
13 * * *
14 § 4192. Temporary or permanent injunctions.
15 In addition to any other remedies provided in this chapter,
16 the [department] Attorney General may apply to the Commonwealth
17 Court or to any other court having jurisdiction for a temporary
18 or permanent injunction restraining a person from violating any
19 provision of this chapter or any regulation adopted under this
20 chapter, regardless of whether there exists an adequate remedy
21 at law.
22 § 4193. Disposition of funds.
23 (a) Deposit in State Treasury.--When the proceeding is
24 instituted by the [department] Attorney General, moneys received
25 from fines and civil penalties shall be paid into the State
26 Treasury [and]. Half of the moneys shall be credited to the
27 general government appropriations of the [Department of
28 Agriculture] department for administering the provisions of this
29 chapter, and half of the moneys shall be credited to the General
30 Fund.
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1 (b) Local share.--Notwithstanding subsection (a), if the
2 proceeding is instituted by a city or county which has entered
3 into a memorandum of understanding with the Attorney General and
4 the department to enforce the provisions of this chapter, moneys
5 received from fines and civil penalties shall be paid to the
6 city or county.
7 * * *
8 Section 2. This act shall take effect in 60 days.
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